SHEO SINGH Vs. STATE

JUDGEMENT

(1.) This appeal by Sheo Singh and 12 others is directed against the judgment and order dated 11-9-1979 passed by the IV Addl. District and Sessions Judge, Kanpur convicting the appellants in Sessions Trial No. 146 of 1977. Appellant Chhunnu Singh was convicted under Section 147 I.P.C.and sentenced to six months R.I.and life imprisonment under Section 302 read with Section 149 I.P.C.and five years R.I.under Section 307 read with Section 149 I.P.C.and all the other appellants were convicted under Section 148 I.P.C.and sentenced to one year R.I.and life imprisonment under Section 302 read with Section 149 I.P.C.and five years R.I.under Section 307 read with Section 149 I.P.C.

(2.) Appellants Chhunnu Singh and Pratap Singh died during the pendency of this appeal and the appeal on their behalf stood abated.

(3.) The prosecution case, as disclosed in the F.I.R.which was lodged by P.W.4 Banwari Lal, was that appellant Ram Asrey on 8-6-1976 at about 8 A.M.was forcibly constructing his Barotha after encroaching about two cubits of land of the informant. The informant Banwari, and his uncle Maiku protested against the said illegal construction of Barotha by Ram Asrey, Deshraj and Thakur Prasad appellants. Ram Asrey, Deshraj and Thakur Prasad told the informant that they would construct the Barotha and the informant and his uncle could do whatever they liked. Exchange of abuses was done. At the same moment appellant Sheo Singh s/o Sukhu arrived with his gun and exhorted Ram Asrey and others to kill the informant party. Appellants Ram Asrey and Thakur Prasad started assaulting with Pharsa and Ballam. Banwari Lal ran away raising alarm.